Email Marketing Requirements

Permission-based Email. Client will ensure that all email addresses that are added to its Application Services database and marked to receive email are those of individuals who have consented to receive email from the Client. Such consent may be obtained online, by phone, or on paper forms. At the point of email address collection, Client will describe the nature of the email end users will receive and the organizational identities (e.g., domain names or brands) which Client will use to send email.

Explicit Opt-In. When Client uses the Application Services to collect email addresses in the course of processing any fundraising, advocacy, event, ecommerce, or survey transaction, the screen must include a clear and conspicuous option allowing the user to decide whether or not to opt in for email. It is permissible to suppress this option and configure the Application Services to automatically opt a user in only when the sole purpose of submitting a form is email sign up.

Email Addresses Acquired from Third Parties. Unless the owner of an email address has explicitly consented to receive email communications from Client, third-party email lists (whether purchased or shared) are not considered permission-based and therefore not permitted to be used with the Application Services. If Client wishes to send email to addresses acquired by third parties, Client agrees to have the third-party list owner send the email under its own brand from its own mail system, inviting its subscribers to register for Client's email via normal opt-in methods.

Unsubscribe Tool. All email sent by Client to its constituents using the Application Services must include a link to the email preferences and unsubscribe tool located at the URL "/site/CO" on Client's Application Services site. This link will be generated by the Application Service to enable it to automatically recognize individuals who click on it.

Manual Unsubscribe. Client will designate an email address to be used to deliver unsubscribe requests for manual processing in the event that automated recognition using the unsubscribe link fails. Client will promptly respond to complaints about unsolicited mail from individuals by removing such individuals from its database or setting Accepts Email to "No" in its database.

Unsubscribe Propagation. If Client uses a third-party email marketing service in addition to the Application Services email marketing functionality in circumstances where recipients of the email may consider email from both systems to be from the same organization, Client must ensure that unsubscribe requests made against one system are propagated into the other within 5 business days.

Sender Identity and Reply Handling. Client must include its brand identity and a valid physical address or postal address for the sender in email sent using the Application Services. Client must provide a valid "From:" address for all emails sent using the Application Services. Client must create and maintain the standard role email accounts abuse@sender.tld and postmaster@sender.tld for all of its domains to facilitate handling complaints, and register such addresses with abuse.net.

Undeliverable Addresses. Records in Client's database that contain an undeliverable email address will be automatically marked not to receive further email by the Application Services system. Criteria for determining when an email address is marked undeliverable are based on Internet email standards and major ISP requirements and are at the sole discretion of Blackbaud. Client may not reset or reload these records or take other actions to circumvent the Application Services' procedures for marking addresses as undeliverable.Categories and Centers. Client may elect to designate outbound email into various categories, and allow users to subscribe to or unsubscribe from individual categories or centers. If categories or centers are used:Client must ensure that all email messages are accurately categorized; and Client may promote to constituents the option to unsubscribe only from a single category of email or center, provided Client also offers constituents the option to completely unsubscribe from all Client email on the same screen.

Unacceptable Email Practices. Client must not send unsolicited commercial email messages using the Application Services. Client must not obtain email addresses by harvesting addresses from websites or offline directories, or by auto-generating addresses. Client must not send email communications that contain materially misleading or falsified information about the sender, subject or content of a message.

Enforcement of Email Marketing Best Practices. If Client fails to adhere to the email marketing requirements specified herein, Client understands corrective actions may include, but are not limited to:

Cooperating with a review of Client's list building practices to identify potential sources of individuals that have not affirmatively consented to receive email communications from Client; remedying gaps in Client's list building practices to ensure they are permission-based or in accordance with Blackbaud's applicable Email append policy; removing one or more email addresses permanently from Client's database; and sending Client's email from a server offering fewer delivery assurance benefits (e.g., a server that is not covered by Blackbaud's whitelist status at major ISPs or other commercial whitelist providers). 

Restrictions on Use of Application Services.

Use of the Application Services for bandwidth-intensive secondary purposes including, but not limited to podcasting and video streaming, is not permitted. In the event that Blackbaud identifies an unacceptable bandwidth-intensive use by Client, in Blackbaud's sole discretion, Blackbaud may require Client to discontinue such usage and move the bandwidth-intensive materials to a third-party hosting provider. In addition, if Client allows automated software to make use of the Application Services, whether via an application programming interface or web service designated for such purpose by Blackbaud or otherwise, Client understands and agrees that use of such application programming interface or web services may be subject to a separate license agreement and Blackbaud makes no representations with respect to the availability of such interfaces.

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